Hearing Date: March 23, 2011 at 11:00 a.m.

Eastern Time Objections Due: March 18, 2011 at 4:00 p.m. Eastern Time

COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 Lawrence C. Gottlieb James A. Beldner Lesley A. Kroupa Proposed Attorneys for Debtor and Debtor in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : : LEHR CONSTRUCTION CORP., : : Debtor. : : : ---------------------------------------------------------------- x NOTICE OF MOTION FOR AN ORDER, PURSUANT TO SECTION 105(a) OF THE BANKRUPTCY CODE AND BANKRUPTCY RULES 1015(c) AND 9007 IMPLEMENTING CERTAIN NOTICE AND CASE MANAGEMENT PROCEDURES TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE SEAN H. LANE: PLEASE TAKE NOTICE that a hearing on the above referenced motion (the Motion)1 dated March 2, 2011 of the debtor and debtor in possession (the Debtor), for an order pursuant to section 105(a) of chapter 11 of title 11 of the United States Code and Federal Rules of Bankruptcy Procedure 1015(c) and 9007 implementing certain notice and case management procedures, and certain related relief, all as more fully set forth in the Motion, shall
1

Chapter 11

Case No. 11-10723 (SHL)

A copy of the Motion may be obtained at the Debtors website: http://www.omnimgt.com/sblite/lehr

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be held before the Honorable Sean H. Lane, United States Bankruptcy Judge, in Room 621 of the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court), One Bowling Green, New York, New York 10004, on March 23, 2011 at 11:00 a.m. (Prevailing Eastern Time) (the Hearing Date). PLEASE TAKE FURTHER NOTICE that any responses or objections to the Motion must be in writing, shall conform to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules for the Southern District of New York, and shall be filed with the Bankruptcy Court (a) electronically in accordance with General Order M-242 (which can be found at www.nysb.uscourts.gov) by registered users of the Bankruptcy Courts filing system and (b) by all other parties in interest, on a 3.5 inch disk, compact disc, or flash drive, preferably in Portable Document Format (PDF), WordPerfect, or any other Windows-based word processing format (with two hard copies delivered directly to Chambers of the Honorable Sean H. Lane) and served upon: (i) the Debtor, Lehr Construction Corp. (Attn: Frederick Coffey); (ii) attorneys to the Debtor, Cooley LLP (Attn: James A. Beldner, Esq.); and (iii) the Office of the United States Trustee for the Southern District of New York (Attn: Susan Golden, Esq.), in each case so as to be received no later than 4:00 p.m. on March 18, 2011 (Prevailing Eastern Time) (the Objection Deadline).

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PLEASE TAKE FURTHER NOTICE that if no objections are timely filed and served with respect to the Motion, the Debtor may, on or after the Objection Deadline, submit to the Bankruptcy Court an order substantially in the form of the proposed order annexed to the Motion, which order may be entered with no further notice or opportunity to be heard. Dated: March 2, 2011 New York, New York By: /s/ James A. Beldner James A. Beldner COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 Lawrence C. Gottlieb James A. Beldner Lesley A. Kroupa Proposed Attorneys for Debtor and Debtor in Possession

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COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 Lawrence C. Gottlieb James A. Beldner Lesley A. Kroupa Proposed Attorneys for Debtor and Debtor in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : Chapter 11 : LEHR CONSTRUCTION CORP., : : Case No. 11-10723 (SHL) Debtor. : : ---------------------------------------------------------------- x MOTION FOR AN ORDER, PURSUANT TO SECTION 105(a) OF THE BANKRUPTCY CODE AND BANKRUPTCY RULES 1015(c) AND 9007 IMPLEMENTING CERTAIN NOTICE AND CASE MANAGEMENT PROCEDURES TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE SEAN H. LANE: Lehr Construction Corp., as debtor and debtor in possession (the Debtor),1 respectfully represents: BACKGROUND General 1. On February 21, 2011 (the Petition Date), the Debtor commenced with

this Court a voluntary case under chapter 11 of title 11 of the United States Code (the Bankruptcy Code). The Debtor is authorized to operate its businesses and manage its

properties as debtor in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy

The last four digits of the Debtors federal tax identification number are 3507.

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Code. No trustee, examiner, or statutory creditors committee has been appointed in this chapter 11 case. The Debtors Businesses 2. Lehr Construction Corp., a New York corporation, was founded in 1979

and has evolved from a small entrepreneurial business to one of the most respected builders in New York. Lehr specializes in interior construction and serves clients mainly throughout the New York metropolitan area. Lehr serves as construction manager and/or general contractor for its clients and Lehrs construction professionals work closely with their in-house estimating, purchasing, quality control and value engineering professionals to ensure projects are completed on schedule, within budget, and with impeccable quality. 3. Lehrs projects range from minor renovations to interior office build-outs

over a million square feet. Lehrs broad range of clients include retail stores, financial service firms, educational organizations, entertainment and media firms, and many others. 4. The Debtors headquarters is located in New York, New York and it has

a warehouse facility in Woodhaven, New York. The Debtors primary assets include contract rights and accounts receivable for its on-going and completed projects. JURISDICTION 5. This Court has jurisdiction to consider this matter pursuant to

28 U.S.C. 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. RELIEF REQUESTED 6. By this Motion, the Debtor seeks authority, pursuant to section 105(a) of

the Bankruptcy Code and Rules 1015(c) and 9007 of the Federal Rules of Bankruptcy Procedure

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(the Bankruptcy Rules), to implement certain procedures (the Procedures) in connection with the administration of this chapter 11 case. The Debtor requests that, to the extent that any of the Procedures conflict with the provisions of the Bankruptcy Code or the Local Bankruptcy Rules for the Southern District of New York (the Local Bankruptcy Rules), the Procedures shall govern and shall supersede such provisions and rules. BASIS FOR RELIEF REQUESTED 7. The Procedures establish requirements for the filing and serving of

motions, pleadings, applications, and other requests for relief (collectively, the Pleadings) in this chapter 11 case. As set forth more fully below, the Procedures (i) delineate standards for notice; (ii) authorize the Debtor to schedule, in cooperation with the Court, periodic omnibus hearing dates; and (iii) articulate mandatory guidelines for the scheduling of hearings and objection deadlines. The Procedures Notice Procedures 8. Hundreds of parties in interest may be entitled to receive notice in this

case. Providing notice of all Pleadings filed to each creditor and party in interest is unnecessary and would be extremely burdensome and costly to the estate, in light of the photocopying, postage, and other expenses associated with such large mailings. 9. The Debtor therefore requests, pursuant to section 105(a) of the

Bankruptcy Code and Bankruptcy Rule 9007, that the Court approve the notice procedures outlined herein. Consistent with the approach taken in other chapter 11 cases, the Debtor proposes to establish a master service list (the Master Service List), which would include: (i) the Office of the United States Trustee for the Southern District of New York (Attn: Susan

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Golden, Esq.) (the U.S. Trustee); (ii) the Debtor; (iii) counsel for the Debtor; (iv) counsel for any official statutory committee appointed in the Debtors chapter 11 case; (v) any party whose interests are directly affected by a specific pleading; (vi) those persons who have formally appeared and requested service in this case pursuant to Bankruptcy Rule 2002; (vii) the Debtors 40 largest unsecured creditors; and (viii) all government agencies to the extent required by the Bankruptcy Code, the Bankruptcy Rules, and the Local Bankruptcy Rules. 10. Any creditor or party in interest that wishes to receive notice other than as

required by Bankruptcy Rule 2002 must file a notice of appearance and request for service of papers (a Request) with the Clerk of the Court and serve a copy of such Request upon each of the parties set forth in paragraph 9(i)-(viii) above. Each Request must include such partys (i) name, (ii) address, (iii) name of client, if applicable, (iv) telephone number, (v) facsimile number, and (vi) electronic mail (e-mail) address, unless such party files a request to be exempted from providing an e-mail address. 11. Each party having filed a Request shall be deemed to have consented to

electronic service of papers. 12. To the extent that a Request fails to contain an e-mail address, such party

shall not be entitled to additional service of papers, as described below, until such party (i) files a request to be exempted from providing an e-mail address, and (ii) serves a copy of such request upon each of the parties set forth on the Master Service List as the date thereof. 13. The Debtor proposes to update the Master Service List on a monthly basis

to include the names, addresses, and e-mail addresses of any party in interest who has made a written request for notice since the prior month. In the event any changes are made, the Debtor will file the updated Master Service List with the Court.

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14.

The Debtor proposes that notice of Pleadings in this chapter 11 case only

be served upon: (i) the parties then-listed on the Master Service List; (ii) any parties that have, pursuant to Bankruptcy Rule 2002, formally appeared and requested service since the last Master Service List was filed with the Court; and (iii) any party against whom direct relief is sought in such matter. 15. The proceedings with respect to which notice is proposed to be limited to

those parties included on the Master Service List would include all matters covered by Bankruptcy Rule 2002 and the Local Bankruptcy Rules, with the express exception of the following: (i) notice of the first meeting of creditors pursuant to section 341 of the Bankruptcy Code; (ii) the time fixed for filing proofs of claim pursuant to Bankruptcy Rule 3003(c); (iii) the time fixed for filing objections to, and the hearing to consider approval of, a disclosure statement and a plan of liquidation; (iv) notice of and transmittal of ballots for accepting or rejecting a plan of liquidation; and (v) notice for approval of the sale of all or substantially all of the Debtors assets. Notice of the foregoing matters would be given to all parties in interest in accordance with Bankruptcy Rule 2002 and other applicable Bankruptcy Rules, unless otherwise ordered by the Court or otherwise proscribed by the Bankruptcy Code. 16. Pursuant to the Courts General Order on Electronic Means for Filing,

Signing and Verification of Documents (the Revised Electronic Filing Procedures), M-399, dated May 17, 2010, electronic service (i.e., service by e-mail) may be made on a person who has requested, or is deemed to have requested, electronic notice in accordance with Bankruptcy Rule 9036 or the Revised Electronic Filing Procedures;2 provided, however, that hard copies of

The Revised Electronic Filing Procedures provide that The Revised Electronic Filing Procedures provide that Whenever service is required to be made on a person who has requested, or is deemed to have requested, electronic notice in accordance with Federal Rule of Bankruptcy Procedure 9036 or the [Revised Electronic Filing Procedures], the service may be made by serving the Notice of Electronic

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documents or notices shall be served in the following circumstances: (i) service made in accordance with Rules 4 and 45 of the Federal Rules of Civil Procedure, Bankruptcy Rule 7004 or Bankruptcy Rule 9016; (ii) service made upon an agency of the United States, including the United States Attorney, the United States Trustee, or chambers, in accordance with the Bankruptcy Rules, the Local Bankruptcy Rules, or an order of the court; (iii) notice served pursuant to Bankruptcy Rule 2002(a)(1); and (iv) service made by the attorneys for the Debtor of the petition, schedules and statement of financial affairs on the United States Trustee. 17. Upon the completion of noticing of any particular matter, the Debtor shall

file with the Court either an affidavit of service or certificate of service, annexing thereto the list of those parties to whom notice was provided. Hearings and Related Procedural Matters 18. Omnibus Hearings. The Debtor seeks authorization to schedule, in

cooperation with the Court, periodic omnibus hearings at which Pleadings shall be heard. If omnibus hearings are scheduled, the Debtor suggests that the following guidelines should apply: (a) Adversary Proceedings and Claims Objections. The Court shall set separate hearings for claim objections and for pre-trial conferences and trials in connection with adversary proceedings. Initial pre-trial conferences in connection with adversary proceedings shall be scheduled on the next available hearing date that is at least 45 days after the filing of a complaint. Hearings Scheduled in Error. If a document is filed by a nonDebtor party that purports to set a hearing date inconsistent with the Procedures herein, the hearing shall be scheduled, without the necessity of Court order, for the first omnibus hearing after the applicable notice period has expired. If this occurs, the Debtor

(b)

Filing generated by the [Electronic Filing] System by e-mail, facsimile or hand delivery in the first instance, or by overnight mail if service by e-mail, facsimile or hand delivery is impracticable. The automatic e-mailing of the Notice of Filing generated by the [Electronic Filing] System does not constitute service. The Courts issuance of an account to [an Electronic Filing] System user constitutes a waiver of conventional service with respect to that user, who agrees to accept service in the manner described in the previous sentence.

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shall provide the movant with notice of these Procedures within five (5) business days of the Debtors receipt of the documents that are erroneously filed. (c) Emergency Relief. If a movant or applicant other than the Debtor determines that a Pleading requires emergency or expedited relief, the movant or applicant shall telephonically contact the Debtors attorneys and request that the Pleading be considered on an expedited basis. If the Debtor disagrees with the movants or applicants determination regarding the emergency or expedited nature of the relief requested, the movant or applicant shall: (i) inform the Court of the disagreement via telephone; and (ii) arrange thereafter for a chambers conference, telephonic or inperson, to be held among the Court, the Debtors attorneys, and the movant or applicant to discuss the disagreement. If the Court agrees with the position of the movant or applicant regarding the necessity for expedited consideration, the movant or applicant, may, by order to show cause, request an expedited hearing.

19.

Guidelines for Setting a Hearing Date. Pleadings (other than those filed as

set forth below) shall not be considered by the Court unless filed and served in accordance with these Procedures and in accordance with Rule 9006-1(b) of the Local Bankruptcy Rules at least 14 calendar days before the scheduled hearing date. Notwithstanding the foregoing, pursuant to Bankruptcy Rule 9006, if the parties served with Pleadings include parties being served by U.S. mail, a hearing may not be scheduled before 17 calendar days from the date of service. Nothing in these Procedures shall prejudice the right of any party to move the Court to request an enlargement or reduction of any time period under Bankruptcy Rules 6006(b) and 9006(b)-(c). Furthermore, if a Pleading requests relief pursuant to Bankruptcy Rules 2002(a)-(b), the relevant hearing shall be set after the passage of the time period set forth in the rule. 20. Objection Deadlines. The deadline to file an objection to any Pleading

shall be: (i) at least five (5) calendar days before the applicable hearing date by 4:00 p.m. (prevailing Eastern Time) or (ii) such other date ordered by the Court. That deadline may be extended with the consent of the movant or the applicant. The objection will not be considered 7
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timely filed unless filed with the Court and received by all parties on the Master Service List and the interested movant or applicant, on or before the applicable objection deadline. All parties filing an objection shall include their telephone, e-mail and facsimile numbers in the signature block on the last page of the objection. 21. Deadline for Filing Reply. Unless otherwise ordered by the Court, a reply

to an objection shall be filed with the Court and served in accordance with these Procedures on or before 12:00 noon, prevailing Eastern Time, on the day that is at least two (2) calendar days before the date of a hearing. 22. Relief Without a Hearing. A Pleading may be granted without a hearing

provided that, after the passage of the objection deadline, the attorney for the entity that filed the Pleading: (i) files a declaration pursuant to 28 U.S.C. 1746 indicating that no objection has been filed or served in accordance with these Procedures; (ii) serves the declaration by facsimile or e-mail upon the undersigned attorneys for the Debtor one (1) business day before submission thereof to the Court; and (iii) delivers by U.S. mail, e-mail, or hand or overnight delivery, a package to the Court including (a) the declaration described in subsection (i) above, and (b) an electronic copy of an order granting the relief requested in the applicable Pleading (collectively, the Presentment Package). Upon receipt of the Presentment Package, the Court may grant the relief requested in the Pleading without further submission, hearing, or request. If the Court does not grant the relief, (i) the Pleading will be considered by the Court at the hearing date set in accordance with the provisions of this Motion, and (ii) the decision shall not constitute an extension of the objection deadline related thereto, unless otherwise agreed between the Debtor and the party seeking relief.

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23.

Notices of Hearing. A Notice of Hearing shall be affixed to all

Pleadings and shall include the following: (i) the title of the Pleading; (ii) the parties upon whom any objection to the Pleading is required to be served; (iii) the date and time of the applicable objection deadline; (iv) the date of the hearing at which the Pleading shall be considered by the Court; and (v) a statement that the relief requested may be granted without a hearing if no objection is timely filed and served in accordance with these Procedures. The applicable objection deadline and hearing date shall also appear in the upper right corner of the first page of the Notice of Hearing. 24. Proposed Agenda Hearing. By 12:00 noon, prevailing Eastern Time, on

the day prior to each hearing day, the Debtors counsel shall provide to (i) the Court; (ii) counsel for any official committee appointed in the Debtors chapter 11 case; (iii) any party in interest with matters before the court that day; and (iv) the U.S. Trustee, a proposed agenda with regard to the matters which are or were to be heard on such hearing day. 25. Settlements. In the event a matter is properly noticed for hearing and the

parties reach agreement on a settlement of the dispute prior to the hearing, the parties may announce the settlement at the scheduled hearing. In the event the Court determines that the notice of the dispute and the hearing is adequate notice of the effects of the settlement (i.e., that the terms of the settlement are not materially different from what parties in interest could have expected if the dispute were fully litigated), the Court may approve the settlement at the hearing without further notice of the terms of the settlement. In the event the Court determines that additional or supplemental notice is required, the Debtor shall serve such notice in accordance with the Procedures set forth herein and a hearing to consider such settlement shall be on the next hearing day deemed appropriate by the Court.

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Establishing the Procedures Is in the Best Interests of the Debtors Estate 26. Section 105(a) of the Bankruptcy Code provides in relevant part that

[t]he Court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. 11 U.S.C. 105(a). Further, Bankruptcy Rule 9007 grants the Court general authority to regulate the manner of any notices required to be given under the Bankruptcy Rules. The Debtor submits that implementation of the Procedures is appropriate in this chapter 11 case and well within the Courts equitable powers under section 105 of the Bankruptcy Code and Bankruptcy Rule 9007. 27. The Debtor submits that approval of the Procedures is in the best interests

of the Debtors estate and its creditors. The Debtor believes the administration of its chapter 11 case would be more efficient and cost-effective if the relief requested herein were granted. The nature of the Debtors financial difficulties has placed significant demands on the Debtor and its personnel and professionals. In addition to the discharge of their ordinary duties, the Debtors personnel now carry the additional burdens imposed by the commencement of this chapter 11 case. By authorizing the Debtor to schedule omnibus hearing dates, establishing clear timelines for the filing of requests for relief, and allowing, with certain exceptions, electronic service, the Procedures will assist the Debtors management in preserving the Debtors time and directing the attention of their personnel to issues raised in this chapter 11 case. NOTICE 28. The Debtor has served notice of this Motion on: (i) the Office of the

United States Trustee for the Southern District of New York, (ii) the entities listed on the Consolidated List of Creditors Holding the 40 Largest Unsecured Claims, (iii) the office of the United States Attorney for the Southern District of New York, (iv) the attorneys general for the

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states in which the Debtor operates, and (v) all parties that have timely filed requests for notice under Bankruptcy Rule 2002. In light of the nature of the relief requested, the Debtor submits that no other or further notice need be provided. 29. No previous request for the relief sought herein has been made by the

Debtor to this or any other court. WHEREFORE, the Debtor respectfully requests that the Court grant the relief requested herein and such other and further relief as is just and appropriate. Dated: March 2, 2011 New York, New York Respectfully Submitted, By: /s/ James A. Beldner James A. Beldner

COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 Lawrence C. Gottlieb (LG 2565) James A. Beldner (JB 7166) Lesley A. Kroupa (LK 2620) Proposed Attorneys for Debtor and Debtor in Possession

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : Chapter 11 : LEHR CONSTRUCTION CORP., : : Case No. 11-10723 (SHL) Debtor. : : ---------------------------------------------------------------- x ORDER PURSUANT TO SECTION 105(a) OF THE BANKRUPTCY CODE AND BANKRUPTCY RULES 1015(c) AND 9007 TO IMPLEMENT CERTAIN NOTICE AND CASE MANAGEMENT PROCEDURES Upon the motion, dated March 2, 2011 (the Motion)1 of Lehr Construction Corp., as debtor and debtor in possession (the Debtor),2 for an order, pursuant to section 105(a) of chapter 11 of title 11 of the United States Code (the Bankruptcy Code) and Rules 1015(c) and 9007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), implementing notice and case management procedures (the Procedures), all as more fully set forth in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. 157 and 1334 and the Standing Order of Referral of Cases to Bankruptcy Judges of the District Court for the Southern District of New York, dated July 19, 1984 (Ward, Acting C.J.); and consideration of the Motion and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157(b); and venue being proper before this Court pursuant to 28 U.S.C. 1408 and 1409; and notice of the Motion appearing adequate and appropriate under the circumstances, and it appearing that no other or further notice need be provided; and the Court having determined that the relief requested in the Motion being in the best interests of the Debtor, its creditors, and all parties in interest; and the Court having determined that the legal and factual bases set forth in the Motion establish just cause for

Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the Motion. The last four digits of the Debtors federal tax identification number are 3507.

the relief granted herein; and upon all of the proceedings had before the Court and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED that the Motion is granted, to the extent provided herein; and it is further ORDERED that the Debtor shall serve this Order upon all parties on the Master Service List within 3 business days after entry of this Order and post the Order on the website maintained by Omni Management Group, the claims and notice agent retained in this case, at http://www.omnimgt.com/sblite/lehr; and it is further ORDERED that the Procedures set forth herein are approved and shall govern all aspects of this chapter 11 case, except as otherwise set forth herein or ordered by the Court; and it is further ORDERED that the Debtor shall establish a master service list (the Master Service List), which will include: (i) the Office of the U.S. Trustee for the Southern District of New York (Attn: Susan Golden, Esq.) (the U.S. Trustee); (ii) the Debtor; (iii) counsel for the Debtor; (iv) counsel for any official committee appointed in the Debtors chapter 11 case; (v) any party whose interests are directly affected by a specific pleading; (vi) those persons who have formally appeared and requested service in this case pursuant to Bankruptcy Rule 2002; (vii) the Debtors 40 largest unsecured creditors; and (viii) all government agencies to the extent required by the Bankruptcy Code, the Bankruptcy Rules, and the Local Bankruptcy Rules; and it is further ORDERED that the Debtor shall update the Master Service List on a monthly basis to include the names, addresses, and e-mail addresses of any party in interest who has made a written request for notice since the prior month and, in the event any changes are made, file the updated Master Service List with the Court; and it is further 2
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ORDERED that, except as otherwise provided herein, notice of any relief sought or other pleadings in this chapter 11 case shall only be served upon: (i) the parties then-listed on the Master Service List; (ii) any parties that have, pursuant to Bankruptcy Rule 2002, formally appeared and requested service since the last Master Service List was filed with the Court; and (iii) any party against whom direct relief is sought in such matter; and it is further ORDERED that the matters for which notice shall be limited to the persons on the Master Service List, parties who have formally appeared, and any party against whom direct relief is sought in such proceeding, shall include all matters covered by Bankruptcy Rule 2002 and the Local Bankruptcy Rules, with the express exception of the following: (i) notice of the first meeting of creditors pursuant to section 341 of the Bankruptcy Code; (ii) the time fixed for filing proofs of claim pursuant to Bankruptcy Rule 3003(c); (iii) the time fixed for filing objections to, and the hearing to consider approval of, a disclosure statement and a plan of liquidation; (iv) notice of and transmittal of ballots for accepting or rejecting a plan of liquidation; and (v) notice for approval of the sale of all or substantially all of the Debtors assets; and it is further ORDERED that electronic service (i.e., service by e-mail) may be made on a person who has requested or is deemed to have requested electronic notice in accordance with Bankruptcy Rule 9036 or the Revised Electronic Filing Procedures. Each party having filed a Request shall be deemed to have consented to electronic service of papers; provided, however, that hard copies of documents or notices shall be served in the following circumstances: (i) service made in accordance with Rules 4 and 45 of the Federal Rules of Civil Procedure, Bankruptcy Rule 7004 or Bankruptcy Rule 9016; (ii) service made upon an agency of the United States, including the United States Attorney, the United States Trustee, or chambers, in accordance with the Bankruptcy Rules, the Local Bankruptcy Rules, or an order of the court; 3
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(iii) notice served pursuant to Bankruptcy Rule 2002(a)(1); and (iv) service made by the attorneys for the Debtor of the petition, schedules and statement of financial affairs on the United States Trustee; and it is further ORDERED that upon the completion of noticing any particular matter, the Debtor shall file with the Court either an affidavit of service or certification of service, annexing thereto the list of those parties receiving notice; and it is further ORDERED that the Debtor shall be authorized to schedule, in cooperation with the Court, periodic omnibus hearings at which motions, pleadings, applications, and other requests for relief shall be heard. If omnibus hearings are scheduled, the following guidelines shall apply: (a) The Court shall set separate hearings for claim objections and for pre-trial conferences and trials in connection with adversary proceedings. Initial pre-trial conferences in connection with adversary proceedings shall be scheduled on the next available hearing date that is at least 45 days after the filing of the complaint. If a document is filed by a non-Debtor party that purports to set a hearing date inconsistent with the Procedures herein, the hearing shall be scheduled, without the necessity of Court order, for the first omnibus hearing after the applicable notice period has expired. If this occurs, the Debtor shall provide the movant with notice of these Procedures within five (5) business days of the Debtors receipt of the documents that are erroneously filed. If a movant or applicant other than the Debtor determines that a motion, pleading, application, or other request requires emergency or expedited relief, the movant or applicant shall telephonically contact the Debtors attorneys requesting that the motion or application be considered on an expedited basis. If the Debtor disagrees with the movants or applicants determination regarding the emergency or expedited nature of the relief requested, the movant or applicant shall: (i) inform the Court of the disagreement via telephone and (ii) arrange thereafter for a chambers conference, telephonic or in-person, to be held among the Court, the Debtors attorneys, and the movant or applicant to discuss the disagreement. If the Court agrees with the position of 4
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(b)

(c)

the movant or applicant regarding the necessity for expedited consideration, the movant or applicant may, by order to show cause, request an expedited hearing; and it is further ORDERED that motions, pleadings, applications, and other requests for relief (other than those as set forth below) shall not be considered by the Court unless filed and served in accordance with these Procedures at least 14 calendar days before the scheduled hearing date. Notwithstanding the foregoing, pursuant to Bankruptcy Rule 9006, if the parties served with a motion, pleading, application, or other requests for relief include parties being served by U.S. mail, a hearing may not be scheduled before 17 calendar days from the date of service; provided, however, that if a pleading requests relief pursuant to Bankruptcy Rules 2002 (a)-(b), the relevant hearing shall be set after the passage of the time period set forth in the rule; and it is further ORDERED that nothing in these Procedures shall prejudice the right of any party to move the Court to request an enlargement or reduction of any time period under Bankruptcy Rules 6006(b) and 9006(c); and it is further ORDERED that the deadline to file an objection to any motion, pleading, application, or other request for relief shall be (i) at least (5) five calendar days before the applicable hearing date by 4:00 p.m. (prevailing Eastern Time) or (ii) any date ordered by the Court. The objection deadline may be extended with the consent of the movant or applicant. The objection will not be considered timely filed unless filed with the Court and received by all parties on the Master Service List, and the interested movant, on or before the applicable objection deadline. All parties filing an objection shall include their telephone, e-mail and facsimile numbers in the signature block on the last page of the objection; and it is further ORDERED that, unless otherwise ordered by the Court, a reply to an objection shall be filed with the Court and served in accordance with these Procedures on or before 12:00 5
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noon, prevailing Eastern Time, on the day that is at least two (2) calendar days before the date of a hearing; and it is further ORDERED that a motion, pleading, application, or other request for relief may be granted without a hearing provided that, after the passage of the objection deadline, the attorney for the entity who filed the motion, pleading, application, or other request for relief: (i) files a declaration pursuant to 28 U.S.C. 1746 indicating that no objection has been filed or served in accordance with these Procedures; (ii) serves the declaration by facsimile or electronic mail upon the attorneys for the Debtor one (1) business day before submission thereof to the Court; and (iii) delivers by U.S. mail, electronic mail or hand or overnight delivery, a package to the Court including (a) the declaration described in subsection (i) above, and (b) an electronic copy of the order granting the relief requested in the applicable motion, pleading, application, or other request for relief (collectively, the Presentment Package). Upon receipt of the Presentment Package, the Court may grant the relief requested in the motion, pleading, application, or other request for relief without further submission, hearing, or request. If the Court does not grant the relief, (i) the motion, pleading, application, or other request for relief will be considered by the Court at the hearing date set in accordance with the provisions of this Order and (ii) the decision shall not constitute an extension of the objection deadline related thereto, unless otherwise agreed between the Debtor and the party seeking relief; and it is further ORDERED that a Notice of Hearing shall be affixed to all motions, pleadings, applications, and other requests for relief and shall include the following: (i) the title of the motion, pleading, application, or other request for relief; (ii) the parties upon whom any objection to the motion, pleading, application, or other request for relief is required to be served; (iii) the date and time of the applicable objection deadline; (iv) the date of the hearing at which 6
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the motion, pleading, application, or other request for relief shall be considered by the Court; and (v) a statement that the relief requested may be granted without a hearing if no objection is timely filed and served in accordance with these Procedures. The applicable objection deadline and hearing date shall also appear in the upper right corner of the first page of the Notice of Hearing; and it is further ORDERED that, by 12:00 noon, prevailing Eastern time, on the day prior to each hearing day, the Debtors counsel shall provide to (i) the Court; (ii) counsel for any official committee appointed in the Debtors chapter 11 case; (iii) any party in interest with matters before the court that day; and (iv) the U.S. Trustee, a proposed agenda with regard to the matters which are or were to be heard on such hearing day; and it is further ORDERED that, in the event a matter is properly noticed for hearing and the parties reach agreement on a settlement of the dispute prior to the final hearing, the parties may announce the settlement at the scheduled hearing on the hearing day. In the event the Court determines that the notice of the dispute and the hearing is adequate notice of the effects of the settlement (i.e., that the terms of the settlement are not materially different from what parties in interest could have expected if the dispute were fully litigated), the Court may approve the settlement at the hearing without further notice of the terms of the settlement. In the event the Court determines that additional or supplemental notice is required, the Debtor shall serve such notice in accordance with the procedures set forth herein and a hearing to consider such settlement shall be on the next hearing day deemed appropriate by the Court; and it is further ORDERED that the Debtor may amend the Procedures from time to time throughout this chapter 11 case and shall present such amendments to the Court in accordance with the terms and provisions of this Order; and it is further

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ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation and/or enforcement of this Order; and it is further ORDERED that notice of the Motion as provided herein shall be deemed good and sufficient notice of such Motion. Dated: ___________________, 2011 New York, New York

HONORABLE SEAN H. LANE UNITED STATES BANKRUPTCY JUDGE

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